M. Sadik vs Government of Kerala, The Commissioner, The District Collector and The Tahsildar

P.N. Ravindran, J.—The Appellant is the Petitioner in W.P.(C) No. 14380 of 2009. In the writ petition, he challenged the orders issued by the statutory authorities under the provisions of the Kerala Land Conservancy Act, 1957. The learned Single Judge accepted the contentions raised by the Petitioner, quashed the impugned orders and directed Tahsildar, the competent authority, to pass fresh orders, in the light of the observations made in the judgment, with reference to the pleadings in the writ petition. The learned Single Judge also directed that such revised orders shall be passed within six months from the date of judgment, viz., 10.6.2010. It appears that pursuant to the initial order passed by the Tahsildar, possession of the land was taken over by the Government. This writ appeal is filed contending that the learned Single Judge ought to have also directed restoration of possession of the land to the Petitioner.

When the writ appeal came up for admission today, Sri. S.A. Razzak, the learned Counsel appearing for the Appellant submitted that the Appellant will be satisfied with the judgment of the learned Single Judge, if the time limit fixed therein is reduced from six months to three months. The learned Government Pleader appearing for the Respondents did not oppose the said request. In such circumstances, having regard to the fact that the dispute centers round a parcel of land, which the Government claims is ''poramboke land'', and the Petitioner has already been dispossessed pursuant to the orders impugned in the writ petition, we are of the opinion that the said prayer can be allowed.

We accordingly dispose of the writ appeal by modifying the time limit fixed by the learned single judge and W.A. No. 1208/2010 direct that fresh orders as directed by the learned single judge shall be passed within three months from today.